Narayan vs State Of Rajasthan ...
2023 Latest Caselaw 2672 Raj

[2023/RJJD/008565]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 96/2023

Narayan S/o Haja Kosba, Aged About 36 Years, R/o Ratadiya Police Thana Chitri District Dungarpur. (At Present Lodged In Sub Jail, Sagwara)

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Jitendra Ojha For Respondent(s) : Mr. Anda Ram Choudhary, Public Prosecutor

HON'BLE MR. JUSTICE FARJAND ALI

Order

04/04/2023

The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment dated

25.01.2023 passed by learned Additional Session Judge, Sagwada,

District Dungarpur in Sessions Case No.23/2022 whereby he was

convicted and sentenced to suffer maximum punishment of 10

years rigorous imprisonment along with fine of Rs.25,000/- in

default 1 month simple imprisonment under Section 307 of IPC

and lesser punishment for the other offences under Sections 325,

323 & 341 of IPC

It is contended on behalf of the applicant that the learned

trial Judge has not appreciated the correct, legal and factual

aspects of the matter and thus, reached at an erroneous

conclusion of guilt, therefore, the same is required to be

[2023/RJJD/008565] (2 of 4) [SOSA-96/2023]

appreciated again by this court being the first appellate Court.

Learned counsel for the appellant also submits that hearing of the

appeal is likely to take long time, therefore, the application for

suspension of sentence may be granted.

Per contra, learned public prosecutor has vehemently

opposed the prayer made on behalf of the learned counsel for the

applicant for releasing the appellant on application for suspension

of sentence.

Heard and perused the material available on record.

Considering the submission that there was no previous

animosity between the parties as well as there was no pre-plan or

per-mediation to make an assault over the victim. The

submissions made by learned counsel for the appellant seems

considerable that the intent to kill the victim is lacking. As per

exhibit P/12 the discharge ticket the victim got admitted on

14.03.2012 and discharged on 16.03.2022 and the opinion

regarding injury was obtained much after the discharge of the

victim. Appellant is behind the bars for last one year.

Upon consideration of the grounds raised in the memo of the

appeal, looking to the totality of facts and circumstances of the

case, more particularly the fact that the hearing of appeal is likely

to take further more time and considering the overall submissions

while refraining from passing any comments on the niceties of the

matter and the defects of the prosecution as the same may put an

adverse effect on hearing of the appeal, this court is of the opinion

that it is a fit case for suspending the sentence awarded to the

accused-appellant.

[2023/RJJD/008565] (3 of 4) [SOSA-96/2023]

Accordingly, the present application for suspension of

sentence filed under Section 389 Cr.P.C. is allowed and it is

ordered that the sentences passed learned Additional Session

Judge, Sagwada, District Dungarpur vide judgment dated

25.01.2023 in Sessions Case No.23/2022 against the appellant-

applicant Narayan S/o Haja Kosba remain suspended till final

disposal of the aforesaid appeal and he/she/they shall be released

on bail, provided he/she/each execute a personal bond in the sum

of Rs.50,000/-with two sureties of Rs.25,000/- to the satisfaction

of the learned trial court for his/her/their appearance in this Court

on 05.05.2023 and whenever ordered to do so till the disposal of

the appeal on the conditions indicated below:-

1. That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.

2. That if the applicant(s) change(s) the place of residence, he/she/they will give in writing his changed address(es) to the trial Court as well as to the counsel in the High Court.

3. Similarly, if the sureties change their address(es), they will give in writing their changed address to the trial Court.

The learned trial Court shall keep the record of

attendance of the accused-applicant(s) in a separate file. Such file

be registered as Criminal Misc. Case related to original case in

which the accused-applicant(s) was tried and convicted. A copy of

this order shall also be placed in that file for ready reference.

Criminal Misc. file shall not be taken into account for statistical

purpose relating to pendency and disposal of cases in the trial

court. In case the said accused applicant(s) does(do) not appear

[2023/RJJD/008565] (4 of 4) [SOSA-96/2023]

before the trial court, the learned trial Judge shall report the

matter to the High Court for cancellation of bail.

(FARJAND ALI),J 114-AnilKC/-

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